Davinder Kumar v. State Of Punjab

-1CRM-M-37097 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-37097 of 2018 Date of Decision: 31.08.2018 Davinder Kumar ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. S.P.S. Sidhu, Advocate, for the petitioner. Mr. Harpreet Multani, AAG, Punjab.

RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 439 Cr.P.C. has been made for grant of regular bail to petitioner Davinder Kumar in a case arising from FIR No.94 dated 18.06.2018 registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station City, Sri Muktsar Sahib, District Sri Muktsar Sahib. According to the prosecution, petitioner under the garb of running a wholesale medical agency, is indulged in supply of intoxicant drugs. His co-accused, after taking the intoxicant drugs from the petitioner, further sells the same to addicts. On the basis of secret information, on 18.06.2018 above named co-accused of the petitioner was apprehended with 2500 tablets of Clovidol-100 SR contaning Tramadol Hydrochloride salt.

Besides, during investigation, 3500 tablets containing Tramadol Hydrochloride salt were also recovered, which falls under the commercial quantity. On the basis of disclosure statement of the aforesaid co-accused RAVINDER SINGH 2018.08.31 17:19 I attest to the accuracy and authenticity of this document of the petitioner, petitioner was arrested.

Learned counsel inter alia contends that petitioner is a licensed

-2CRM-M-37097 of 2018 chemist. Recovery was effected from the rented premises of the petitioner, but the same has falsely been shown from the street. Petitioner is behind bars since 18.06.2018. Conclusion of trial may take a sufficient long time. No useful purpose would be served by keeping the petitioner in jail any more.

On the other hand, learned State counsel vehemently opposed the grant of regular bail to the petitioner.

Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, the petition is allowed. Consequently, petitioner is ordered to be released on bail, on his furnishing bail bonds and surety bonds to the satisfaction of Trial Court/Duty Magistrate concerned.

(RAMENDRA JAIN) August 31, 2018 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.08.31 17:19 I attest to the accuracy and authenticity of this document